CHAPTER NOISE CONTROL (REGULATION #21)

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1 CHAPTER NOISE CONTROL (REGULATION #21) Sections: Definitions and Standards. (Section 1.0) Reserved. (Section 2.0) Reserved. (Section 3.0) Reserved. (Section 4.0) Reserved. (Section 5.0) Reserved. (Section 6.0) General Prohibition of Noise.* (Section 7.0) Specific Noise Prohibitions.* (Section 8.0) Use District Noise Levels. (Section 9.0) Sound Level Measurement. (Section 10.0) Exemptions. (Section 11.0) Waivers. (Section 12.0) Motor Vehicle Noise. (Section 13.0) Enforcement Responsibility. (Section 14.0) Reserved. (Section 15.0) Reserved. (Section 16.0) Reserved. (Section 17.0) Reserved. (Section 18.0) Penalty. (Section 19.0) Reserved. (Section 20.0) Additional Remedies. (Section 21.0) Title 24 Page 71 Revised 1/6/16

2 DEFINITIONS AND STANDARDS. (SECTION 1.0) All terminology used in this ordinance, and not defined below, shall be in conformance with applicable American National Standards Institute publications including, but not limited to, to Sl , R 1971, or those from its successor publications or bodies. For the purposes of this ordinance, certain words and phrases used herein are defined as follows: (1) A-Weighted Sound Pressure Level: The sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is db(a) or dba. (1.1) (2) Ambient Sound Pressure Level: The sound pressure level of the all-encompassing noise associated with a given environment, usually a composite of sounds from many sources. It is also the A-weighted sound pressure level exceeding 90 percent of the time based on a measurement period, which shall not be less than 10 minutes. (1.2) (3) Continuous Sound: Any sound that exists, essentially without interruption, for a period of 10 minutes or more. (1.3) (4) Cyclically Varying Noise: Any sound that varies in sound level so that the same level is obtained repetitively at reasonable uniform intervals of time. (1.4) (5) Decibel: Logarithmic and dimensionless unit of measure often used in describing the amplitude of sound. Decibel is abbreviated db. (1.5) (6) Reserved. (1.6 and 1.7) (7) Reserved. (1.6 and 1.7) (8) Device: Any mechanism that is intended to produce, or that actually produces noise when operated or handled. (1.8) (9) Dynamic Braking Device: A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes, commonly referred to as a "Jacob's Brake." (1.9) (10) Emergency Work: Work required to restore property to a safe condition following a public calamity or to protect persons or property from an imminent exposure to danger. (1.10) (11) Emergency Vehicle: A motor vehicle used in response to a public calamity or to protect persons or property from an imminent exposure to danger. (1.11) (12) Impulsive Noise: A noise containing excursions usually less than one second or sound pressure level using the fast meter characteristics. (1.12) (13) Motor Vehicle: Any vehicle that is self-propelled by mechanical power including, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, motorcycles, minibikes, gocarts, snowmobiles and racing vehicles. (1.13) (14) Muffler: An apparatus consisting of a series of chambers or baffle plates designed to transmit gases while reducing sound. (1.14) (15) Reserved. (1.15) (16) Noise Disturbance: Any sound that annoys or disturbs a reasonable person(s) with normal sensitivities or that injures or endangers the comfort, repose, health, hearing, peace or safety of another person(s). (1.16) (17) Noise: Any sound that is unwanted and causes or tends to cause an adverse psychological or physiological effect on human beings. (1.17) (18) Reserved. (1.18) (19) Person: Any individual, public or private corporation, partnership, association, firm, trust, estate, the state or any of its departments or political subdivisions, institution, bureau or agency thereof, county, city or any legal entity that is recognized by the law. (1.19) (20) Plainly Audible Noise: Any noise for which the information content of that noise is unambiguously transferred to the listener including, but not limited to, the understanding of Title 24 Page 72 Revised 1/6/16

3 spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms. (1.20) (21) Property Boundary: An imaginary line at the ground surface and its vertical extension that separates the real property owned by one person from that owned by another person. (1.21) (22) Public Right-of-way: Any street, avenue, boulevard, highway, alley or similar place that is owned or controlled by a public governmental entity. (1.22) (23) Pure Tone: Any sound that can be distinctly heard as a single pitch or a set of single pitches. For the purposes of measurement, a pure tone shall consist of the one-third octave band sound pressure level in the band when the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five db for frequencies of 500 Hz and above, by eight db for frequencies between 160 and 400 Hz, and by 15 db for frequencies less than or equal to 125 Hz. (1.23) (24) Repetitive Impulsive Noise: Any noise that is composed of impulsive noises that are repeated at sufficiently slow rates such that a sound level meter set at "fast" meter characteristic will show changes in sound pressure level greater than 10 db(a). (1.24) (25) Sound: A temporal and spatial oscillation in pressure, or other physical quantity with interval forces that causes compression and rarefaction of the medium, and that propagates at finite speed to distant points. (1.25) (26) Sound Level Meter: An instrument, including a microphone, amplifier, RMS detector and integrator, time averager, output meter or visual display or both, and weighting networks, that is sensitive to pressure fluctuations. The instrument reads sound pressure level if properly calibrated and is of type two or better as specified in American National Standards Institute Publication or its successor publications. (1.26) (27) Sound Pressure: The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space due to sound. (1.27) (28) Sound Pressure Level: Twenty times the logarithm to the base 10 of the ratio of the RMS sound pressure to the reference pressure, which shall be 20 micropascals and abbreviated LP or SPL. (1.28) (29) Stationary Noise Source: Any device, fixed or movable, that is located or used on property other than a public right-of-way. (1.29) (30) Steady Noise: A sound pressure level that remains essentially constant during the period of observation and does not vary more than 6 db(a) when measured with the "slow" meter characteristic of a sound level meter. (1.30) (31) Percentile Sound Pressure Level: a. Tenth Percentile Noise Level: The A-weighted sound pressure level that is exceeded 10 percent of the time in any measurement period (such as the level that is exceeded for 1 minute in a 10-minute period) and is denoted LlO. b. Ninetieth Percentile Noise Level: The A-weighted sound pressure level that is exceeded 90 percent of the time in any measurement period (such as the level that is exceeded for nine minutes in a 10-minute period) and is denoted L90. (1.31) (32) Reserved. (1.32) Title 24 Page 73 Revised 1/6/16

4 RESERVED. (SECTION 2.0) RESERVED. (SECTION 3.0) RESERVED. (SECTION 4.0) RESERVED. (SECTION 5.0) RESERVED. (SECTION 6.0) GENERAL PROHIBITION OF NOISE.* (SECTION 7.0) In addition to the specific prohibitions outlined in Sections , , and of these rules and regulations, it shall be unlawful for any person to produce, continue or cause to be produced or continued any noise disturbance within the limits of West Valley City. (Ord. No Amended 04/08/1994) SPECIFIC NOISE PROHIBITIONS.* (SECTION 8.0) The following acts are declared to be in violation of these rules and regulations if they occur between the hours of 10 p.m. and 7 a.m. and are plainly audible at the property boundary of the source; or if they occur at any time so as to be plainly audible at 50 feet from the source of the noise disturbance. A permit may be obtained pursuant to Section to allow relief from the noise restrictions in these ordinances. (1) Horns and Signaling Devices. The sounding of any horn or signaling device on any truck, automobile, motorcycle, emergency vehicle or other vehicle, except as a danger warning signal as provided in the motor vehicle code of the State of Utah, or the sounding of any such signaling device for an unnecessary and unreasonable period of time. (8.1) (2) Radios, Television Sets, Musical Instruments and Similar Devices. Using, operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound. (8.2) (3) Public Loudspeakers. The use or operation of a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound vehicle in or upon any street, alley, sidewalk, park, place, easement or public property for the purpose of commercial advertising, giving instructions, directions, talks, addresses, lectures or transmission of music to any persons or assemblages of persons. (8.3) (4) Hawkers and Peddlers. Selling anything by outcry within the City in areas zoned primarily for residential uses. (8.4) (5) Animals. Owning, keeping, possessing or harboring any animal or animals that cause a noise disturbance by frequent or habitual noisemaking. (8.5) (6) Loading Operation. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage containers or other objects. (8.6) (7) Construction Work. Operating, or causing to be used or operated, any equipment, machinery or vehicle used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, irrespective of whether such construction actually occurs within the corporate limits of West Valley City: Title 24 Page 74 Revised 1/6/16

5 a. In any zone where such operation exceeds the sound level limits for a manufacturing zone as set forth in Section b. The provision listed above for noise disturbances that are plainly audible at 50 feet from the source shall not apply to this subsection. (8.7) (8) Domestic Power Equipment. Operating or permitting to be operated any power equipment rated five horsepower or less used for home or building repair, grounds maintenance, or residential power generation including, but not limited to, power saw, sanders, lawn mower, garden equipment or snow removal equipment: a. Any such power equipment which emits a sound pressure level in excess of 74 db(a) measured at a distance of 50 feet (15.25 meters). b. The provision listed above for noise disturbances that are plainly audible at 50 feet from the source shall not apply to this subsection. (8.8) c. Except that use of residential power generation equipment during power outage or routine maintenance of such generator shall not constitute a violation of this Chapter so long as the sound pressure level does not exceed 80 db (A). (9) Commercial Power Equipment. Operating or permitting to be operated, any power equipment, except construction equipment used for construction activities, rated more than five horsepower including, but not limited to, chain saws, pavement breakers, log chippers or powered hand tools: a. In any zone if such equipment emits a sound pressure level in excess of 82 db(a) measured at a distance of 50 feet (15.25 meters) from the source. b. The provision listed above for noise disturbances that are plainly audible at 50 feet from the source shall not apply to this subsection. (8.9) (10) Enclosed Places of Public Entertainment. a. In addition to the above requirements, it is a violation if the maximum sound pressure levels of 100 db(a), as read with the slow response on a sound level meter, is produced inside any enclosed place of public entertainment, that is normally occupied by a customer, unless a conspicuous and legible sign at least 225 square inches in area is posted near each public entrance stating in large letters "WARNING: SOUND LEVELS MAY CAUSE HEARING IMPAIRMENT." b. This provision shall not be construed to allow the operation of any loudspeaker or other source of sound in violation of this Section. (8.10) (11) Fireworks or Explosives. The use of explosives, fireworks or discharge guns or other explosive devices. This provision shall not be construed to permit conduct prohibited by other statutes, ordinances or regulations governing such activity. (8.11) (12) Racing Events. Racing or permitting any motor vehicle racing event. (8.12) (13) Powered Model Mechanical Devices. Flying a model aircraft, car, boat or other such device powered by internal combustion engines, whether tethered or not, or the firing or the operation of model rocket vehicles or other similar noise-producing devices. (8.13) (14) Dynamic Braking Devices. Operating any motor vehicle with a dynamic braking device engaged, except for the avoidance of imminent danger. (8.14) (15) Refuse Compacting Vehicles. Operating or causing or permitting the operation or use of any refuse compacting vehicle that creates a sound pressure level in excess of 74 db(a) at 50 feet (15.25 meters). The provision listed above for noise disturbances that are plainly audible at 50 feet from the source shall not apply to this subsection. (8.16) (16) Garbage Collection. Collecting garbage, waste or refuse between the hours of 9 p.m. and 7 am. the following day: Title 24 Page 75 Revised 1/6/16

6 a. In any area zoned residential or agricultural or within 300 feet of an area zoned residential or agricultural. b. In any zone so as to cause a noise disturbance. c. The provision listed above for noise disturbances that are plainly audible at 50 feet from the source shall not apply to this subsection. (8.17) (17) Standing Motor Vehicles. The operating or causing or permitting to be operated any motor vehicle or any auxiliary equipment attached thereto that causes a noise disturbance for a consecutive period longer than 15 minutes during which such vehicle is stationary in a residential or agricultural zone. (8.18) (18) Quiet Zones. Creating noise in excess of the residential/agricultural standard, as defined in Section , within the vicinity of any school, hospital, institution of learning, court, or other designated area where exceptional quiet is necessary, while the same is in use, provided conspicuous signs are displayed in the streets indicating that the same is a quiet zone. (8.19) (19) Bells and Alarms. Sounding, operating or permitting the sounding or operation of an electronically-amplified signal from any burglar alarm, bell, chime or clock including, but not limited to, bells, chimes or clocks in schools, houses of religious worship or governmental buildings that fail to meet the standards in Section for longer than five minutes in any hour. (8.20) (20) Fixed Siren, Whistles and Horns. Sounding or causing the sounding of any whistle, horn or siren as a signal for commencing or suspending work or for any other purpose except as a sound signal of imminent danger, for longer than 5 minutes in any hour. (8.21) (21) Recreational Vehicles and Snowmobiles. a. Operating a recreational vehicle or snowmobile. b. Selling or operating within West Valley City any recreational vehicle or snowmobile built after model year 1977 unless the vehicle produces no more than a maximum sound level of 82 db(a) at 50 feet (15.25 meters) from the source. (8.22) (Ord. No Amended 04/08/1994; Ord. No Amended 09/06/2005) USE DISTRICT NOISE LEVELS. (SECTION 9.0) (1) Maximum Permissible Sound Levels. a. It shall be a violation of these rules and regulations for any person to operate or permit the operation of any stationary source of sound creating a ninetieth percentile sound pressure level (L90) for any measurement period (not less than 10 minutes unless otherwise provided in these regulations) that exceeds the limits set forth for the following zones when measured at the boundary or at any point within the property affected by the noise: Title 24 Page 76 Revised 1/6/16

7 Zone 10 p.m. 7 a.m. 7 a.m. 10 p.m. Residential / 50 db(a) 55 db(a) Agricultural Commercial 55 db(a) 60 db(a) (including Research Business Park Zone and Professional Office Zone) Manufacturing 75 db(a) 80 db(a) b. When a noise source can be identified and its noise measured in more than one land use category, the limits of the most restrictive use shall apply at the boundaries between different land use categories. (9.1) (2) Correction for Duration of Sound. a. It shall be a violation of these rules and regulations for any person to operate or permit the operation of any stationary source of sound within any zones that creates a tenth percentile sound pressure level (LlO) of 15 db(a) greater than the levels set forth for the receiving zones in Section (1) for any measurement period. Such period shall not be less than 10 minutes. b. Notwithstanding the requirements of Section (2)(a), it shall be a violation of these rules and regulations for any person to operate or permit the operation of any stationary source of sound within any land use district that creates a tenth percentile sound pressure level (LlO) greater than 15 db(a) above the ambient sound pressure level (L90) of any measurement period. Such period shall not be less than 10 minutes. (9.2) (3) Correction for Character of Sound. a. For any stationary source of sound that emits a pure tone, cyclically varying sound, or repetitive impulsive sound, the limits set forth in Section 9.1 shall be reduced by five db(a). b. Notwithstanding compliance with Section (3)(a), it shall be a violation of these rules and regulations for any person to operate or permit the operation of any stationary source of sound that emits a pure tone, cyclically varying sound, or repetitive impulsive sound that creates a noise disturbance. (9.3) (Ord. No Amended 04/05/2005) Title 24 Page 77 Revised 1/6/16

8 SOUND LEVEL MEASUREMENT. (SECTION 10.0) Sound level measurements shall be made with a sound level meter using the "A" weighting scale, in accordance with standards promulgated by the American National Standards Institute or other reasonable standards adopted and tested by the Salt Lake City-County Health Department. Measurements shall be taken on a "per occurrence" basis unless otherwise specified herein EXEMPTIONS. (SECTION 11.0) The following uses and activities shall be exempt from noise level regulations: (1) Noise of safety signals, warning devices and emergency pressure relief valves. (11.1) (2) Noise resulting from any authorized emergency vehicle when responding to an emergency call or in time of emergency. (11.2) (3) Noise resulting from emergency work. (11.3) (4) Noise resulting from lawful fireworks and noisemakers used for celebration of an official holiday or any other celebration at which the use of fireworks and noise makers has been approved by the City. (11.4) (5) Any noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved by the City Council in accordance with Section (11.5) WAIVERS. (SECTION 12.0) (1) The Director of the Salt Lake Valley Health Department has the authority to waive the requirements and restrictions of this Ordinance on the basis of undue hardship or for a temporary event. The Director may prescribe any reasonable conditions or requirements upon a waiver deemed necessary to minimize adverse effects upon a community or the surrounding neighborhood. (Ord. No Amended 04/08/1994; Ord. No Amended 04/22/2010) MOTOR VEHICLE NOISE. (SECTION 13.0) (1) No person shall drive, or move, or cause, or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the following noise limits for the category of motor vehicle shown below. Noise shall be measured at a distance of at least 25 feet (7.5 meters) from the near side of the nearest lane(s) being monitored and at a height of at least four feet (1.2 meters) above the immediate surrounding surface. All measurements shall be made on a "per occurrence" basis. Any single occurrence of noise in excess of the below-stated limits shall constitute a separate violation of this ordinance. (13.1) (2) Section shall apply to the total noise from a vehicle or combination of vehicles and shall not be construed as limiting or precluding the enforcement of any other provisions of these rules and regulations concerning motor vehicle mufflers for noise control. (13.2) (3) No person shall operate or cause to be operated any motor vehicle unless the exhaust system of the vehicle is: a. Free from defects that affect sound reduction; b. Equipped with a muffler or other noise dissipative device; and c. Not equipped with any cut-out, by-pass or similar device. (13.3) Title 24 Page 78 Revised 1/6/16

9 ENFORCEMENT RESPONSIBILITY. (SECTION 14.0) The Salt Lake Valley Health Department and the West Valley City Police Department shall have enforcement responsibility for this Ordinance. (Ord. No Amended 04/22/2010) RESERVED. (SECTION 15.0) RESERVED. (SECTION 16.0) RESERVED. (SECTION 17.0) RESERVED. (SECTION 18.0) PENALTY. (SECTION 19.0) Any person violating any provision of this Ordinance is guilty of a class "B" misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. No Amended 04/08/1994) RESERVED. (SECTION 20.0) ADDITIONAL REMEDIES. (SECTION 21.0) Violations of Sections through of this Ordinance are deemed and declared to be a nuisance, and as such, may be subject to summary abatement by means of a restraining order to injunction issued by a court of competent jurisdiction. Title 24 Page 79 Revised 1/6/16

CHAPTER 40A NOISE CONTROL

CHAPTER 40A NOISE CONTROL 40A.01 Purpose 40A.05 Noise Disturbance Prohibited 40A.02 Definitions 40A.06 Vehicle Noise 40A.03 Measurement of Noise and Sound 40A.07 Permits 40A.04 Test Measurement and Requirements for 40A.08 Exemptions